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CURTIS v. NUTMEG INSURANCE COMPANY

256 A.D.2d 758 (1998)

681 N.Y.S.2d 620

V. EDWARD CURTIS et al., Appellants, v. NUTMEG INSURANCE COMPANY, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided December 10, 1998.

Peters, J.

In a prior appeal (204 A.D.2d 833, lv dismissed 84 N.Y.2d 1027), we found that defendant was obliged to defend and indemnify plaintiffs pursuant to a certain policy of public entity liability insurance against claims in an underlying Federal action. Having found that plaintiffs were entitled to a defense "by an attorney of their own choosing with all reasonable fees to be paid by defendant" (id., at 835...

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